City businessman tells probe tribunal why he fell out with judge’s accuser

Businessman Mike Njeru testifies before a tribunal probing bribery allegations against suspended Supreme Court Judge Philip Tunoi. (PHOTO: JENIPHER WACHIE/ STANDARD)

Email communication on an alleged Sh200 million bribe paid to a judge strained nine-year friendship between the judge’s accuser and a businessman.

Nairobi businessman Mike Njeru and Geofrey Kiplagat fell out after Kiplagat sent an email containing the affidavit detailing how Supreme Court judge Phillip Tunoi allegedly received Sh200 million bribe.

The tribunal investigating the allegations by Kiplagat was told yesterday that Njeru cut links with his friend of nine years when he received the email containing the damning affidavit.

Kiplagat met Njeru during the 2005 referendum campaigns. He was then at KASS FM while Njeru was at the Orange Democratic Movement as a communication strategist for the then referendum campaign.

The friendship grew to an extent the businessman funded Kiplagat’s 2013 campaigns as he gave him Sh1 million and hired a jeep for the campaign.

He also revealed having given him some money for rent and food. He had also helped him secure a job before their relation turned sour on February 16, 2015.

Njeru said the email containing the affidavit was blackmail by a person he knew too well.

When asked why he never took legal action against Kiplagat, the businessman said he (Kiplagat) was a pauper and he could not gain anything by suing.

Lawyer Fred Ngatia: You remember we left at the point that you requested time to go and retrieve the email you got from Lelmet. Did you get it?

Njeru: Yes I did, in fact the same day and I sent it to the tribunal.

(The email is screened on a monitor for the tribunal commissioners to see)

Ngatia: Hope everyone can see from the place indicating Geoffrey Lelmet, top up from where it reads soma nusu (read half). Mr Njeru, is that how you received the affidavit? You received it with the narration on top.

Njeru: Yes.

Ngatia: And then it starts from page number one then ends at page number four. Can we see the pages please, from page one to number four and it captures paragraph one up to paragraph 19. Yes, is that correct Mr Njeru?

Njeru: Yes that’s correct.

Ngatia: And you remember that we mark this one as A to make a distinction with the second one, which I will come to in a minute. When you received this affidavit, what did you think?

Njeru: First I was perturbed and shocked. This was somebody I knew very well and this was like blackmail to me.

Ngatia: Blackmail.

Njeru: Yes.

Ngatia: Anything else?

Njeru: The first thing I did was to try and reach him and find out why he was sending the document. I called him at first and could not pick the phone. But later in the day, I managed to get him on phone and was like, why are you sending me a document, which to my own aaa, what I know aaa, the bottom-line are things you cannot substantiate.

Ngatia: Did he answer? Did he tell you why he sent you such a document?

Njeru: No he didn’t. He did not give me a reason why.

Ngatia: Mr Njeru, is this the first time, February 16, that you saw this document.

Njeru: It’s the first time I saw it.

Ngatia: Before then, had he given you any hint that this document was in existence, by before I mean by February 15 backwards to 2014?

Njeru: No.

Ngatia: Before we adjourned last time, there was an issue if it was in word format or in PDF.

Njeru: Actually it’s in word format.

Ngatia: We go to annexure B that is the same affidavit but this time...

Tribunal chair Sharad Rao interjects: Did you alter it?

Njeru: No.

Ngatia: The author is Mr Geoffrey Kiplagat.

Njeru: Exactly.

Ngatia: We now go to the next one which I had requested that we look at. It’s another affidavit that you received as the same narrative, the one you received on February 19 Mr Njeru. Once again were you able to retrieve the document you received from Mr Kiplagat.

Njeru: Yes I did.

Ngatia: And you gave it to the assisting counsel.

Njeru: Exactly.

Ngatia: It starts from Geoffrey Lelmet and the date is 19th, correct?

Njeru: Yes.

Ngatia: And it is sent to you and the other was soma nusu. This one starts from number one and goes up to number 11 and the pages are 1,2,3. Can you see that?

Njeru: Yes.

Ngatia: Have you altered the document?

Njeru: No.

Ngatia: Now, you receive this on 19th Mr Njeru, a few days you have received the other one. What did you do?

Njeru: The same thing, what I did. I called John Osogo who is the PA to his Excellency the Governor and I told him that Kiplagat has sent this document and of course he had confided in me that he had nothing to do with the content of the document.

Ngatia: Did you have an opportunity to ask Kiplagat about the second document?

Njeru: No, not at all, because when I received the first email from him, personally I was very annoyed. What I thought was, even if I took a legal recourse – because this is somebody who has nothing, I had been supporting him from hand to mouth – and even if I pursued him I would not get anything from him so I ignored it, I ignored him.

Ngatia: Until February 19, 2015, what was your relationship between you and Kiplagat?

Njeru: It was cordial.

Ngatia: Does it surprise you that this document is said to have been existence in November all the way to February when your relationship was cordial?

Njeru: Aaa, I can say yes and that is the reason it was part of my affidavit when Judicial Service Commission called me.

Ngatia: You doubted whether it was in existence?

Njeru: Exactly yes.

Ngatia: And you told JSC that you doubted whether this was in existence.

Njeru: I actually expected them to go through my documents and say, here we only had five minutes and asked one or two questions.

Rao: Did you tell JSC that you doubted about the existence of the affidavit?

Njeru:  No, I did not.

Ngatia: Mr Kiplagat testified that he left Nairobi in November 2014 at the time he sent you the document and you say you were communicating, was it on phone or which way?

Njeru: Aaah, what I can say is that eeh, he was in Nairobi and I know this because he was close to my driver who had helped him drive during the campaigns. So it’s not true for him to say he was out of Nairobi at that period. If you request, I can bring James Maingi to say if he was in Nairobi.

Ngatia: You are thinking he was not out of Nairobi?

Njeru: Yes, we talked on the phone and I think he even came to my office.

Ngatia: The next question is how you maintained the relationship between November 2014 and February 2015.

Njeru: It was normal and he could visit the office.

Ngatia: We go to the second part about certain allegations made against you by your friend Kiplagat. In this affidavit, he has made quite a number of statements against you. He starts off at paragraph 8 and 9 and he says that you telephoned him requiring him to call Judge Tunoi early May 2014. What do you say about that?

Njeru: I can say, sorry because of the language, that is ridiculous. He never ever told me he knew Judge Tunoi.

Ngatia: Throughout your relationship, he never told you anything about the judge sitting next to me?

Njeru: Yes.

Ngatia: Did you make a telephone call to him?

Njeru: Of course no.

Ngatia: Were you involved in Governor Kidero’s petition in the Supreme Court?

Njeru: No.

Ngatia: Had Governor Kidero at any one time sought your assistance regarding his petition at the Supreme Court?

Njeru: I can say never.

Ngatia: Were you aware of a meeting he was arranging at Kengeles Lavington on Sunday May 25, 2014?

Njeru: No.

Ngatia: He says the meeting was to be between himself, John Osogo, judge and yourself at that restaurant. Were you aware of that meeting?

Njeru: No.

Ngatia: Is there one time you requested your friend to link you with the judge?

Njeru: I can say no.

Ngatia: We go to paragraph 18. He says that you confirmed the meeting through an SMS and he says let’s meet in Lavington. Do you remember sending him a text message to that effect?

Njeru: No, I can’t remember.

Ngatia: What would you have in mind when telling him you meet in Lavington?

Njeru: My house is in Lavington.

Ngatia: Do you remember sitting at Kengeles Restaurant between 4pm and 6pm?

Njeru: I can say no.

Ngatia: He says the next meeting was then scheduled for June 8, 2014, at Mike’s office. Do you remember arrangement where the judge was to attend?

Njeru: No.

Ngatia: Do you have an office on Waiyaki Way?

Njeru: Yes I have.

Ngatia: Do you have other places?

Njeru: Yes in Upper Hill and Parklands.

Ngatia: He says you and Osogo were getting impatient. Do you understand what he was saying you were impatient about?

Njeru: I have no idea.

Ngatia: Is there anything you were expecting from him regarding Judge Tunoi?

Njeru: What we were getting impatient was about his job in the county.

Ngatia: Then we move to paragraph 32, I advised Mike to be patient. What do you say about that?

Njeru: There was nothing I discussed with Governor Kidero, nor Judge Tunoi. There is nothing like that which transpired.

Today Osogo will appear before the tribunal for questioning.